jury followed instruction in Missouri

13 Missouri opinions name it 2 courts 1959–2019 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
State v. Copplegreen moctapp · 2001 · cited in 3 Missouri opinions naming this issue, 2017–2018 2 sentences 2018Here, the jury deliberated for one hour and thirty-three minutes after the trial court gave the hammer instruction before reaching a verdict. "[I]f the jury further deliberated a considerable amount of time [after receiving the instruction but] before returning a unanimous verdict, that may indicate that the jury followed the instruction and considered and deliberated upon each other's viewpoints." State v. Copple , 51 S.W.3d 11 , 15 (Mo. App. W.D. 2001). 2017See State v. Copple, 51 S.W.3d 11, 15 (Mo. App. W.D. 2001) (“[I]f the jury further deliberated a considerable amount of time [after receiving the instruction but] before returning a unanimous verdict, that may indicate that the jury followed the instruction and considered and deliberated upon each other’s viewpoints.”).	2	3
Tisius v. Stategreen mo · 2006 · cited in 2 Missouri opinions naming this issue, 2009–2019 2 sentences 2019The Court found that while the argument was in error, the difference was "minimal" and "[r]egardless, this Court assumes that the jury followed the instruction of the court . . . which was a proper instruction mirroring MAI-CR3d 314.14." Id.; See, also, Tisius v. State, 183 S.W.3d 207, 217 (Mo. banc 2006). 2009The State initially defined “deliberation” and in the process of arguing the deliberation element used the terms “deliberation,” “cool reflection,” and “conscious decision.” Although the term “conscious decision” is not used in the instruction, the use of this phrase in closing argument, especially after reciting the actual language of the instruction, was not plain error. 8 Furthermore, it is presumed the jury followed the instruction, see Tisius v. State, 183 S.W.3d 207, 217 (Mo. banc 2006), which properly defined “deliberation.” 2.	2	2
State v. McFaddengreen mo · 2013 · cited in 1 Missouri opinions naming this issue, 2018–2018 1 sentence 2018See State v. McFadden , 391 S.W.3d 408 , 421 (Mo. banc 2013) ("[j]uries are presumed to follow the instructions").	1	1
Rider ex rel. Rider v. Young Men's Christian Ass'n of Greater Kansas Citygreen moctapp · 2015 · cited in 1 Missouri opinions naming this issue, 2016–2016 1 sentence 2016Rider v.The Young Men’s Christian Association of Greater Kansas City, 460 S.W.3d 378, 393 (Mo. App. 2015).	1	1
State v. Bowmangreen mo · 1987 · cited in 1 Missouri opinions naming this issue, 2009–2009 2 sentences 2009Regardless, this Court assumes that the jury followed the instruction of the court, see State v. Bowman, 741 S.W.2d 10, 15 (Mo. banc 1987), which was a proper instruction mirroring MAI-CR3d 314.14. 2009Regardless, this Court assumes that the jury followed the instruction of the court, see State v. Bowman, 741 S.W.2d 10,15 (Mo. banc 1987), which was a proper instruction mirroring MAI-CR3d 314.14.	1	1
State v. Smithgreen mo · 1997 · cited in 1 Missouri opinions naming this issue, 2003–2003 2 sentences 2003The State argues this Court should presume that the jury followed this instruction even though the issue here is the imposition of the death penalty, citing a case applying such a presumption in a death penalty case where the jury could not agree on punishment and the issue of punishment fell to the judge, State v. Smith, 944 S.W.2d 901, 919-920 (Mo. banc 1997), cert. denied, 522 U.S. 954 , 118 S.Ct. 377 , 139 L.Ed.2d 294 (1997). 2003The State argues this Court should presume that the jury followed this instruction even though the issue here is the imposition of the death penalty, citing a case applying such a presumption in a death penalty case where the jury could not agree on punishment and the issue of punishment fell to the judge, State v. Smith, 944 S.W.2d 901, 919-920 (Mo. banc 1997), cert. denied, 522 U.S. 954 , 118 S.Ct. 377 , 139 L.Ed.2d 294 (1997).	1	1
Girratono v. Kansas City Public Service Co.green mo · 1952 · cited in 1 Missouri opinions naming this issue, 1959–1959 2 sentences 1959Girratono v. Kansas City Public Service Co., 363 Mo. 359 , 251 S.W.2d 59, 65 [10]; Van Buskirk v. Quincy, O. & K. 1959Girratono v. Kansas City Public Service Co., 363 Mo. 359 , 251 S.W.2d 59, 65 [10]; Van Buskirk v. Quincy, O. & K.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
State v. Hunter green mo · 1979 2 sentences 1990State v. Hunter, supra at 348 . 1990Id.	3	1985–1990
Smith v. Missouri green scotus · 1997 2 sentences 2003The State argues this Court should presume that the jury followed this instruction even though the issue here is the imposition of the death penalty, citing a case applying such a presumption in a death penalty case where the jury could not agree on punishment and the issue of punishment fell to the judge, State v. Smith, 944 S.W.2d 901, 919-920 (Mo. banc 1997), cert. denied, 522 U.S. 954 , 118 S.Ct. 377 , 139 L.Ed.2d 294 (1997). 2003The State argues this Court should presume that the jury followed this instruction even though the issue here is the imposition of the death penalty, citing a case applying such a presumption in a death penalty case where the jury could not agree on punishment and the issue of punishment fell to the judge, State v. Smith, 944 S.W.2d 901, 919-920 (Mo. banc 1997), cert. denied, 522 U.S. 954 , 118 S.Ct. 377 , 139 L.Ed.2d 294 (1997).	1	2003–2003
Powell v. Nevada green scotus · 1997 2 sentences 2003The State argues this Court should presume that the jury followed this instruction even though the issue here is the imposition of the death penalty, citing a case applying such a presumption in a death penalty case where the jury could not agree on punishment and the issue of punishment fell to the judge, State v. Smith, 944 S.W.2d 901, 919-920 (Mo. banc 1997), cert. denied, 522 U.S. 954 , 118 S.Ct. 377 , 139 L.Ed.2d 294 (1997). 2003The State argues this Court should presume that the jury followed this instruction even though the issue here is the imposition of the death penalty, citing a case applying such a presumption in a death penalty case where the jury could not agree on punishment and the issue of punishment fell to the judge, State v. Smith, 944 S.W.2d 901, 919-920 (Mo. banc 1997), cert. denied, 522 U.S. 954 , 118 S.Ct. 377 , 139 L.Ed.2d 294 (1997).	1	2003–2003
Brassfield v. Sears green mo · 1967 1 sentence 1986(Citing cases.)” See also Brassfield v. Sears, 421 S.W.2d 321 (Mo. 1967), decided after the adoption of MAI; Moore v. Kopp, 400 S.W.2d 176 (Mo. 1966); Samuels v. Klimowicz, 380 S.W.2d 418 (Mo. 1964); Sutton v. Fox Missouri Theatre Company, 356 S.W.2d 41 (Mo. 1962); and the large number of cases collected in 40 Mo.D.-62, West Key No. 252(1) Trial.	1	1986–1986
Moore v. Kopp green mo · 1966 1 sentence 1986(Citing cases.)” See also Brassfield v. Sears, 421 S.W.2d 321 (Mo. 1967), decided after the adoption of MAI; Moore v. Kopp, 400 S.W.2d 176 (Mo. 1966); Samuels v. Klimowicz, 380 S.W.2d 418 (Mo. 1964); Sutton v. Fox Missouri Theatre Company, 356 S.W.2d 41 (Mo. 1962); and the large number of cases collected in 40 Mo.D.-62, West Key No. 252(1) Trial.	1	1986–1986
Samuels Ex Rel. Samuels v. Klimowicz green mo · 1964 1 sentence 1986(Citing cases.)” See also Brassfield v. Sears, 421 S.W.2d 321 (Mo. 1967), decided after the adoption of MAI; Moore v. Kopp, 400 S.W.2d 176 (Mo. 1966); Samuels v. Klimowicz, 380 S.W.2d 418 (Mo. 1964); Sutton v. Fox Missouri Theatre Company, 356 S.W.2d 41 (Mo. 1962); and the large number of cases collected in 40 Mo.D.-62, West Key No. 252(1) Trial.	1	1986–1986
Sutton v. Fox Missouri Theatre Company neutral mo · 1962 1 sentence 1986(Citing cases.)” See also Brassfield v. Sears, 421 S.W.2d 321 (Mo. 1967), decided after the adoption of MAI; Moore v. Kopp, 400 S.W.2d 176 (Mo. 1966); Samuels v. Klimowicz, 380 S.W.2d 418 (Mo. 1964); Sutton v. Fox Missouri Theatre Company, 356 S.W.2d 41 (Mo. 1962); and the large number of cases collected in 40 Mo.D.-62, West Key No. 252(1) Trial.	1	1986–1986

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.020 (3) MO § Mo. Rev. Stat. § 566.030 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 290 (1935–2026) TX 158 (1988–2026) WA 37 (1951–2025) CO 33 (1919–2025) OH 29 (1997–2024) PA 20 (1935–2026) TN 19 (1983–2022) AZ 17 (1986–2026) CT 15 (1981–2025) ID 15 (1999–2022) VA 15 (1990–2023) IL 14 (1894–2025) MI 14 (1965–2024) WI 13 (1996–2026) MO 13 (1959–2019) MA 11 (1950–2026) KS 10 (1985–2024) NJ 10 (1991–2026) IN 8 (1968–2026) MS 8 (1983–2018) ME 5 (1941–2019) GA 5 (2017–2023) OK 5 (1926–2025) NY 5 (1961–2017) MT 5 (1929–2022) NC 4 (1951–1991) WY 4 (1987–2020) RI 4 (1978–2013) MD 3 (1977–2009) SD 3 (1991–2024) MN 3 (2014–2016) DC 3 (1990–2022) NM 3 (1981–2020) NH 2 (2003–2013) ND 2 (1960–1993) IA 2 (1928–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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